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2026 Supreme(Online)(Ker) 9439

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ABDUL RAFEEQUE.A.V – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.U.K.DEVIDAS
For the Respondents: SRI. GILBERT GEORGE CORREYA, SC

BASANT BALAJI J ======================

W.P. (C) No. 5275 of 2026 ========================

Dated 11th day of February 2026 JUDGMENT The petitioners had availed a loan of Rs.15,00,000/- and Rs.33,00,000/- from the respondent Bank, being an overdraft facility and an agricultural loan respectively. Upon default in remitting the EMIs, the respondent Bank initiated proceedings under the provisions of the SARFAESI Act by issuing notice under Section 13(2) thereof. At that stage, the petitioners approached this Court by filing W.P.(C) No.2735 of 2024 seeking the benefit of instalment facility. By Ext.P1 judgment, this Court directed the petitioners to remit the outstanding amount of Rs.76,05,497/- in twelve consecutive and equal monthly instalments, commencing from 13.03.2024. As the petitioners failed to comply with the directions contained in Ext.P1 judgment, they filed I.A. No.2 of 2024 seeking enlargement of time, which came to be dismissed.

2. Thereafter, the petitioners approached the Debts Recovery Tribunal by filing S.A. No.521 of 2024 and S.A. No.522 of 2024, which are still pending consideration. In the meanwhile, the petitioners were served with Ext.P5 notice issued under Section

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